DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 177-01
3 December 2001

Dear

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 November 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
In addition, the Board considered the advisory
and policies.
opinion furnished by Headquarters Marine Corps, dated 3 October
2001, a copy of which is attached.

Your allegations of error and

After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The record reflects that on 17 March 1970 you received

The Board found that you enlisted in the Marine Corps on 3 August
1967.
nonjudicial punishment for possession of a  
resisting apprehension, and fighting in a bar.
you requested a hardship discharge.
were discharged with an honorable discharge by reason of
hardship.
Marine guard.

All your duty assignments were classified as being a

.22 caliber pistol,

On 6 April 1970

On 25 September 1970 you

The advisory opinion stated that your service and medical records
were reviewed but they failed to reveal any evidence that you
were wounded by enemy action in Vietnam.

After careful and conscientious consideration of the entire
record, the Board concurred with the advisory opinion and found
no evidence that would support your claim for an award of the
Purple Heart.

Concerning your request to change the description of your duty
your record shows that you
assignments to military policeman,
were never assigned such a duty assignment.

Concerning your request for the removal of the possession of a
. 22 caliber pistol offense, the Board noted your contention.
However, you have submitted no evidence, and the record contains
none, to support the contention that the offense should be
removed.
that your commanding officer did not abuse his discretion in
imposing the nonjudicial punishment.
concluded that the offense was not unjust.

In the absence of such evidence, the Board presumed

Consequently, the Board

Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

The names and

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

W. DEAN PFEIFFER
Executive Director

2

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS
  ROA D

3280 RUSSELL

QUANTICO,  VIRGINIA

  22134-51 0

Y

3

IN REPLY REFER TO:

1650
MMMA-3
30ctOl

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS (BCNR)

Subj:

ADVISORY OPINION(S) IN THE CASE OF
FORMER MARINE

During the period he served in the Marine Corps, the Purple

1.
Heart was authorized for award to those who were wounded or
injured as a direct result of action  by an enemy of the United
States or an opposing armed force of a foreign country in which
the Armed Forces of the United States was engaged.

Regrettably,

2.
and the 'records at this Headquarters failed to reveal any
evidence that the   enemy in Vietnam wounded him in action.

a review of his service and medical records,

Since there is no indication in the records of the

3.
circumstances that he was injured under conditions, which would
qualify him for the Purple Heart award,
he obtain eyewitness statements.
be from the medical personnel who treated him in the field or
two other personnel who were present at the time he was injured.
Statements should contain the time, place, medical attention
received,
of  enemy action.
describes the situation involved when he injured his finger,
further consideration will be given to his request.

and verification that the injury was a direct result

The eyewitness statements can

If he can provide the above information, which

regulations require that

While it is understandable that anyone who is injured or

4 .
dies during combat operations would appear to be entitled to the
Purple Heart Medal,
relationship to establish eligibility.
wound must have been caused by enemy action.
intend to challenge the veracity of his statement concerning the
injury,
provided to verify his entitlement.

it is absolutely necessary that some documentation be

there must be a direct cause and effect

the injury or
While we do not

Thus,

I realize that it will be difficult to obtain eyewitness

5.
statements due to the length of time that has elapsed.
Headquarters is keenly aware of the fact that there are

This

undoubtedly many cases of Marines who sustained injuries, which
might qualify them for the Purple Heart.
cannot be so verified,

the eyewitness statements are required.

In those cases, which

This Headquarters does not maintain a listing of former

6.
Marines and their addresses.
of the officers and enlisted Marines who were assigned to his
former unit by requesting copies of the unit rosters for the
period in question from the following address:

However, he may  obtain a listing

Headquarters United States Marine Corps
Manpower and Reserve Affairs
2008 Elliott Road (Code MMSB)
Quantico,

VA 22134-5103

Should he be able to obtain the names of former Marines that

7 .
were eyewitness to his, injury,
locating them from the below listed organizations:

he may request assistance in

Mail Call Editor
Leatherneck Magazine
P.O. Box 1977
Quantico,
Telephone:
E-Mail:

VA 22134

l-800-336-0291

leatherneck@mca-marines.org

Vietnam Veterans of America, Inc.
Vietnam Locator
8605 Cameron Street, Suite 400
Silver Spring, MD 20910
ATTN: Mokie Porter
Telephone: 
Fax: (301) 585-0519
E-Mail:

(301)  585-4000

www.wa.org

I regret that a more favorable reply is not possible and I

8.
realize that the decision is not what he expected.
does it diminish his contributions to this Country and Corps.

In no way

9.

A point of contact at MMMA is Mr

784-9210.